99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6082

 

Introduced 2/11/2016, by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Civil Administrative Code of Illinois. Abolishes the State Board of Health. Transfers responsibility for developing a State Health Improvement Plan (SHIP) from the Board to the Department of Public Health. Removes provisions establishing a planning team for the SHIP and provides that the SHIP Implementation Coordination Council shall serve as the planning team. Provides that the SHIP Implementation Coordination Council shall serve at the pleasure of the Governor (instead of the Governor appointing a new SHIP Implementation Coordination Council for each SHIP). Amends the Alternative Health Care Delivery Act. Transfers certain functions under the Act from the Board to the Department of Public Health. Amends the Counties Code. Requires plans for certain facilities to be submitted to and approved by the Director of Public Health (instead of the Secretary of the State Board of Health). Repeals an obsolete provision of the Obesity Prevention Initiative Act. Amends the Hospital Report Card Act. In a provision concerning the retirement of reporting measures by the Department, requires the Department to obtain approval from the Hospital Report Card and Consumer Guide to Health Care Advisory Committee (instead of the Board). Amends the Communicable Disease Prevention Act. In a provision concerning the adoption of rules requiring immunization of children, requires the Department (instead of the Board) to conduct 3 public hearings before the rule is adopted. Effective immediately.


LRB099 16138 RPS 40463 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6082LRB099 16138 RPS 40463 b

1    AN ACT concerning State agencies.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Section 5-565 as follows:
 
6    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
7    Sec. 5-565. In the Department of Public Health.
8    (a) The General Assembly declares it to be the public
9policy of this State that all citizens of Illinois are entitled
10to lead healthy lives. Governmental public health has a
11specific responsibility to ensure that a public health system
12is in place to allow the public health mission to be achieved.
13The public health system is the collection of public, private,
14and voluntary entities as well as individuals and informal
15associations that contribute to the public's health within the
16State. To develop a public health system requires certain core
17functions to be performed by government, including: . The State
18Board of Health is to assume the leadership role in advising
19the Director in meeting the following functions:
20        (1) Needs assessment.
21        (2) Statewide health objectives.
22        (3) Policy development.
23        (4) Assurance of access to necessary services.

 

 

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1    There shall be a State Board of Health composed of 20
2persons, all of whom shall be appointed by the Governor, with
3the advice and consent of the Senate for those appointed by the
4Governor on and after June 30, 1998, and one of whom shall be a
5senior citizen age 60 or over. Five members shall be physicians
6licensed to practice medicine in all its branches, one
7representing a medical school faculty, one who is board
8certified in preventive medicine, and one who is engaged in
9private practice. One member shall be a chiropractic physician.
10One member shall be a dentist; one an environmental health
11practitioner; one a local public health administrator; one a
12local board of health member; one a registered nurse; one a
13physical therapist; one an optometrist; one a veterinarian; one
14a public health academician; one a health care industry
15representative; one a representative of the business
16community; one a representative of the non-profit public
17interest community; and 2 shall be citizens at large.
18    The terms of Board of Health members shall be 3 years,
19except that members shall continue to serve on the Board of
20Health until a replacement is appointed. Upon the effective
21date of this amendatory Act of the 93rd General Assembly, in
22the appointment of the Board of Health members appointed to
23vacancies or positions with terms expiring on or before
24December 31, 2004, the Governor shall appoint up to 6 members
25to serve for terms of 3 years; up to 6 members to serve for
26terms of 2 years; and up to 5 members to serve for a term of one

 

 

HB6082- 3 -LRB099 16138 RPS 40463 b

1year, so that the term of no more than 6 members expire in the
2same year. All members shall be legal residents of the State of
3Illinois. The duties of the Board shall include, but not be
4limited to, the following:
5        (1) To advise the Department of ways to encourage
6    public understanding and support of the Department's
7    programs.
8        (2) To evaluate all boards, councils, committees,
9    authorities, and bodies advisory to, or an adjunct of, the
10    Department of Public Health or its Director for the purpose
11    of recommending to the Director one or more of the
12    following:
13            (i) The elimination of bodies whose activities are
14        not consistent with goals and objectives of the
15        Department.
16            (ii) The consolidation of bodies whose activities
17        encompass compatible programmatic subjects.
18            (iii) The restructuring of the relationship
19        between the various bodies and their integration
20        within the organizational structure of the Department.
21            (iv) The establishment of new bodies deemed
22        essential to the functioning of the Department.
23        (3) To serve as an advisory group to the Director for
24    public health emergencies and control of health hazards.
25        (4) To advise the Director regarding public health
26    policy, and to make health policy recommendations

 

 

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1    regarding priorities to the Governor through the Director.
2        (5) To present public health issues to the Director and
3    to make recommendations for the resolution of those issues.
4        (6) To recommend studies to delineate public health
5    problems.
6        (7) To make recommendations to the Governor through the
7    Director regarding the coordination of State public health
8    activities with other State and local public health
9    agencies and organizations.
10        (8) To report on or before February 1 of each year on
11    the health of the residents of Illinois to the Governor,
12    the General Assembly, and the public.
13        (9) To review the final draft of all proposed
14    administrative rules, other than emergency or preemptory
15    rules and those rules that another advisory body must
16    approve or review within a statutorily defined time period,
17    of the Department after September 19, 1991 (the effective
18    date of Public Act 87-633). The Board shall review the
19    proposed rules within 90 days of submission by the
20    Department. The Department shall take into consideration
21    any comments and recommendations of the Board regarding the
22    proposed rules prior to submission to the Secretary of
23    State for initial publication. If the Department disagrees
24    with the recommendations of the Board, it shall submit a
25    written response outlining the reasons for not accepting
26    the recommendations.

 

 

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1        In the case of proposed administrative rules or
2    amendments to administrative rules regarding immunization
3    of children against preventable communicable diseases
4    designated by the Director under the Communicable Disease
5    Prevention Act, after the Immunization Advisory Committee
6    has made its recommendations, the Board shall conduct 3
7    public hearings, geographically distributed throughout the
8    State. At the conclusion of the hearings, the State Board
9    of Health shall issue a report, including its
10    recommendations, to the Director. The Director shall take
11    into consideration any comments or recommendations made by
12    the Board based on these hearings.
13    The Department of Public Health (in place of the former
14State Board of Health) shall (10) To deliver to the Governor
15for presentation to the General Assembly a State Health
16Improvement Plan. The first 3 such plans shall be delivered to
17the Governor on January 1, 2006, January 1, 2009, and January
181, 2016 and then every 5 years thereafter.
19    The Plan shall recommend priorities and strategies to
20improve the public health system and the health status of
21Illinois residents, taking into consideration national health
22objectives and system standards as frameworks for assessment.
23    The Plan shall also take into consideration priorities and
24strategies developed at the community level through the
25Illinois Project for Local Assessment of Needs (IPLAN) and any
26regional health improvement plans that may be developed. The

 

 

HB6082- 6 -LRB099 16138 RPS 40463 b

1Plan shall focus on prevention as a key strategy for long-term
2health improvement in Illinois.
3    The Plan shall examine and make recommendations on the
4contributions and strategies of the public and private sectors
5for improving health status and the public health system in the
6State. In addition to recommendations on health status
7improvement priorities and strategies for the population of the
8State as a whole, the Plan shall make recommendations regarding
9priorities and strategies for reducing and eliminating health
10disparities in Illinois; including racial, ethnic, gender,
11age, socio-economic and geographic disparities.
12    The Director of the Illinois Department of Public Health
13shall appoint a Planning Team that includes a range of public,
14private, and voluntary sector stakeholders and participants in
15the public health system. This Team shall include: the
16directors of State agencies with public health
17responsibilities (or their designees), including but not
18limited to the Illinois Departments of Public Health and
19Department of Human Services, representatives of local health
20departments, representatives of local community health
21partnerships, and individuals with expertise who represent an
22array of organizations and constituencies engaged in public
23health improvement and prevention.
24    The SHIP Implementation Coordination Council, appointed by
25the Governor, shall serve as the planning team for the State
26Health Improvement Plan. The SHIP Implementation Coordination

 

 

HB6082- 7 -LRB099 16138 RPS 40463 b

1Council, with the leadership of the Director of Public Health,
2shall develop the State Health Improvement Plan.
3    The Department State Board of Public Health shall hold at
4least 3 public hearings addressing drafts of the Plan in
5representative geographic areas of the State. Members of the
6SHIP Implementation Coordination Council Planning Team shall
7receive no compensation for their services, but may be
8reimbursed for their necessary expenses.
9    The Upon the delivery of each State Health Improvement
10Plan, the Governor shall appoint a SHIP Implementation
11Coordination Council that includes a range of public, private,
12and voluntary sector stakeholders and participants in the
13public health system. The Council shall include the directors
14or secretaries of State agencies and entities with public
15health system responsibilities (or their designees),
16including, but not limited to, the Department of Public Health,
17Department of Human Services, Department of Healthcare and
18Family Services, Environmental Protection Agency, Illinois
19State Board of Education, Department on Aging, Illinois
20Violence Prevention Authority, Department of Agriculture,
21Department of Insurance, Department of Financial and
22Professional Regulation, Department of Transportation, and
23Department of Commerce and Economic Opportunity and the Chair
24of the State Board of Health. The Council shall include
25representatives of local health departments and individuals
26with expertise who represent an array of organizations and

 

 

HB6082- 8 -LRB099 16138 RPS 40463 b

1constituencies engaged in public health improvement and
2prevention, including non-profit public interest groups,
3health issue groups, faith community groups, health care
4providers, businesses and employers, academic institutions,
5and community-based organizations. The Governor shall endeavor
6to make the membership of the Council representative of the
7racial, ethnic, gender, socio-economic, and geographic
8diversity of the State. The Governor shall designate one State
9agency representative and one other non-governmental member as
10co-chairs of the Council. The Governor shall designate a member
11of the Governor's office to serve as liaison to the Council and
12one or more State agencies to provide or arrange for support to
13the Council. The members of the SHIP Implementation
14Coordination Council for each State Health Improvement Plan
15shall serve at the pleasure of the Governor until the delivery
16of the subsequent State Health Improvement Plan, whereupon a
17new Council shall be appointed. Members of the SHIP Planning
18Team may serve on the SHIP Implementation Coordination Council
19if so appointed by the Governor.
20    The SHIP Implementation Coordination Council shall
21coordinate the efforts and engagement of the public, private,
22and voluntary sector stakeholders and participants in the
23public health system to implement each SHIP. The Council shall
24serve as a forum for collaborative action; coordinate existing
25and new initiatives; develop detailed implementation steps,
26with mechanisms for action; implement specific projects;

 

 

HB6082- 9 -LRB099 16138 RPS 40463 b

1identify public and private funding sources at the local, State
2and federal level; promote public awareness of the SHIP;
3advocate for the implementation of the SHIP; and develop an
4annual report to the Governor, General Assembly, and public
5regarding the status of implementation of the SHIP. The Council
6shall not, however, have the authority to direct any public or
7private entity to take specific action to implement the SHIP.
8        (11) Upon the request of the Governor, to recommend to
9    the Governor candidates for Director of Public Health when
10    vacancies occur in the position.
11        (12) To adopt bylaws for the conduct of its own
12    business, including the authority to establish ad hoc
13    committees to address specific public health programs
14    requiring resolution.
15        (13) To review and comment upon the Comprehensive
16    Health Plan submitted by the Center for Comprehensive
17    Health Planning as provided under Section 2310-217 of the
18    Department of Public Health Powers and Duties Law of the
19    Civil Administrative Code of Illinois.
20    Upon appointment, the Board shall elect a chairperson from
21among its members.
22    Members of the Board shall receive compensation for their
23services at the rate of $150 per day, not to exceed $10,000 per
24year, as designated by the Director for each day required for
25transacting the business of the Board and shall be reimbursed
26for necessary expenses incurred in the performance of their

 

 

HB6082- 10 -LRB099 16138 RPS 40463 b

1duties. The Board shall meet from time to time at the call of
2the Department, at the call of the chairperson, or upon the
3request of 3 of its members, but shall not meet less than 4
4times per year.
5    (b) (Blank).
6    (c) An Advisory Board on Necropsy Service to Coroners,
7which shall counsel and advise with the Director on the
8administration of the Autopsy Act. The Advisory Board shall
9consist of 11 members, including a senior citizen age 60 or
10over, appointed by the Governor, one of whom shall be
11designated as chairman by a majority of the members of the
12Board. In the appointment of the first Board the Governor shall
13appoint 3 members to serve for terms of 1 year, 3 for terms of 2
14years, and 3 for terms of 3 years. The members first appointed
15under Public Act 83-1538 shall serve for a term of 3 years. All
16members appointed thereafter shall be appointed for terms of 3
17years, except that when an appointment is made to fill a
18vacancy, the appointment shall be for the remaining term of the
19position vacant. The members of the Board shall be citizens of
20the State of Illinois. In the appointment of members of the
21Advisory Board the Governor shall appoint 3 members who shall
22be persons licensed to practice medicine and surgery in the
23State of Illinois, at least 2 of whom shall have received
24post-graduate training in the field of pathology; 3 members who
25are duly elected coroners in this State; and 5 members who
26shall have interest and abilities in the field of forensic

 

 

HB6082- 11 -LRB099 16138 RPS 40463 b

1medicine but who shall be neither persons licensed to practice
2any branch of medicine in this State nor coroners. In the
3appointment of medical and coroner members of the Board, the
4Governor shall invite nominations from recognized medical and
5coroners organizations in this State respectively. Board
6members, while serving on business of the Board, shall receive
7actual necessary travel and subsistence expenses while so
8serving away from their places of residence.
9(Source: P.A. 97-734, eff. 1-1-13; 97-810, eff. 1-1-13; 98-463,
10eff. 8-16-13.)
 
11    Section 10. The Department of Public Health Act is amended
12by changing Section 8.2 as follows:
 
13    (20 ILCS 2305/8.2)
14    Sec. 8.2. Osteoporosis Prevention and Education Program.
15    (a) The Department of Public Health, utilizing available
16federal funds, State funds appropriated for that purpose, or
17other available funding as provided for in this Section, shall
18establish, promote, and maintain an Osteoporosis Prevention
19and Education Program to promote public awareness of the causes
20of osteoporosis, options for prevention, the value of early
21detection, and possible treatments (including the benefits and
22risks of those treatments). The Department may accept, for that
23purpose, any special grant of money, services, or property from
24the federal government or any of its agencies or from any

 

 

HB6082- 12 -LRB099 16138 RPS 40463 b

1foundation, organization, or medical school.
2    (b) The program shall include the following:
3        (1) Development of a public education and outreach
4    campaign to promote osteoporosis prevention and education,
5    including, but not limited to, the following subjects:
6            (A) The cause and nature of the disease.
7            (B) Risk factors.
8            (C) The role of hysterectomy.
9            (D) Prevention of osteoporosis, including
10        nutrition, diet, and physical exercise.
11            (E) Diagnostic procedures and appropriate
12        indications for their use.
13            (F) Hormone replacement, including benefits and
14        risks.
15            (G) Environmental safety and injury prevention.
16            (H) Availability of osteoporosis diagnostic
17        treatment services in the community.
18        (2) Development of educational materials to be made
19    available for consumers, particularly targeted to
20    high-risk groups, through local health departments, local
21    physicians, other providers (including, but not limited
22    to, health maintenance organizations, hospitals, and
23    clinics), and women's organizations.
24        (3) Development of professional education programs for
25    health care providers to assist them in understanding
26    research findings and the subjects set forth in paragraph

 

 

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1    (1).
2        (4) Development and maintenance of a list of current
3    providers of specialized services for the prevention and
4    treatment of osteoporosis. Dissemination of the list shall
5    be accompanied by a description of diagnostic procedures,
6    appropriate indications for their use, and a cautionary
7    statement about the current status of osteoporosis
8    research, prevention, and treatment. The statement shall
9    also indicate that the Department does not license,
10    certify, or in any other way approve osteoporosis programs
11    or centers in this State.
12    (c) (Blank). The State Board of Health shall serve as an
13advisory board to the Department with specific respect to the
14prevention and education activities related to osteoporosis
15described in this Section. The State Board of Health shall
16assist the Department in implementing this Section.
17(Source: P.A. 88-622, eff. 1-1-95.)
 
18    Section 15. The Department of Public Health Powers and
19Duties Law of the Civil Administrative Code of Illinois is
20amended by changing Sections 2310-217 and 2310-350 as follows:
 
21    (20 ILCS 2310/2310-217)
22    Sec. 2310-217. Center for Comprehensive Health Planning.
23    (a) The Center for Comprehensive Health Planning
24("Center") is hereby created to promote the distribution of

 

 

HB6082- 14 -LRB099 16138 RPS 40463 b

1health care services and improve the healthcare delivery system
2in Illinois by establishing a statewide Comprehensive Health
3Plan and ensuring a predictable, transparent, and efficient
4Certificate of Need process under the Illinois Health
5Facilities Planning Act. The objectives of the Comprehensive
6Health Plan include: to assess existing community resources and
7determine health care needs; to support safety net services for
8uninsured and underinsured residents; to promote adequate
9financing for health care services; and to recognize and
10respond to changes in community health care needs, including
11public health emergencies and natural disasters. The Center
12shall comprehensively assess health and mental health
13services; assess health needs with a special focus on the
14identification of health disparities; identify State-level and
15regional needs; and make findings that identify the impact of
16market forces on the access to high quality services for
17uninsured and underinsured residents. The Center shall conduct
18a biennial comprehensive assessment of health resources and
19service needs, including, but not limited to, facilities,
20clinical services, and workforce; conduct needs assessments
21using key indicators of population health status and
22determinations of potential benefits that could occur with
23certain changes in the health care delivery system; collect and
24analyze relevant, objective, and accurate data, including
25health care utilization data; identify issues related to health
26care financing such as revenue streams, federal opportunities,

 

 

HB6082- 15 -LRB099 16138 RPS 40463 b

1better utilization of existing resources, development of
2resources, and incentives for new resource development;
3evaluate findings by the needs assessments; and annually report
4to the General Assembly and the public.
5    The Illinois Department of Public Health shall establish a
6Center for Comprehensive Health Planning to develop a
7long-range Comprehensive Health Plan, which Plan shall guide
8the development of clinical services, facilities, and
9workforce that meet the health and mental health care needs of
10this State.
11    (b) Center for Comprehensive Health Planning.
12        (1) Responsibilities and duties of the Center include:
13            (A) providing technical assistance to the Health
14        Facilities and Services Review Board to permit that
15        Board to apply relevant components of the
16        Comprehensive Health Plan in its deliberations;
17            (B) attempting to identify unmet health needs and
18        assist in any inter-agency State planning for health
19        resource development;
20            (C) considering health plans and other related
21        publications that have been developed in Illinois and
22        nationally;
23            (D) establishing priorities and recommend methods
24        for meeting identified health service, facilities, and
25        workforce needs. Plan recommendations shall be
26        short-term, mid-term, and long-range;

 

 

HB6082- 16 -LRB099 16138 RPS 40463 b

1            (E) conducting an analysis regarding the
2        availability of long-term care resources throughout
3        the State, using data and plans developed under the
4        Illinois Older Adult Services Act, to adjust existing
5        bed need criteria and standards under the Health
6        Facilities Planning Act for changes in utilization of
7        institutional and non-institutional care options, with
8        special consideration of the availability of the
9        least-restrictive options in accordance with the needs
10        and preferences of persons requiring long-term care;
11        and
12            (F) considering and recognizing health resource
13        development projects or information on methods by
14        which a community may receive benefit, that are
15        consistent with health resource needs identified
16        through the comprehensive health planning process.
17        (2) A Comprehensive Health Planner shall be appointed
18    by the Governor, with the advice and consent of the Senate,
19    to supervise the Center and its staff for a paid 3-year
20    term, subject to review and re-approval every 3 years. The
21    Planner shall receive an annual salary of $120,000, or an
22    amount set by the Compensation Review Board, whichever is
23    greater. The Planner shall prepare a budget for review and
24    approval by the Illinois General Assembly, which shall
25    become part of the annual report available on the
26    Department website.

 

 

HB6082- 17 -LRB099 16138 RPS 40463 b

1    (c) Comprehensive Health Plan.
2        (1) The Plan shall be developed with a 5 to 10 year
3    range, and updated every 2 years, or annually, if needed.
4        (2) Components of the Plan shall include:
5            (A) an inventory to map the State for growth,
6        population shifts, and utilization of available
7        healthcare resources, using both State-level and
8        regionally defined areas;
9            (B) an evaluation of health service needs,
10        addressing gaps in service, over-supply, and
11        continuity of care, including an assessment of
12        existing safety net services;
13            (C) an inventory of health care facility
14        infrastructure, including regulated facilities and
15        services, and unregulated facilities and services, as
16        determined by the Center;
17            (D) recommendations on ensuring access to care,
18        especially for safety net services, including rural
19        and medically underserved communities; and
20            (E) an integration between health planning for
21        clinical services, facilities and workforce under the
22        Illinois Health Facilities Planning Act and other
23        health planning laws and activities of the State.
24        (3) Components of the Plan may include recommendations
25    that will be integrated into any relevant certificate of
26    need review criteria, standards, and procedures.

 

 

HB6082- 18 -LRB099 16138 RPS 40463 b

1    (d) Within 60 days of receiving the Comprehensive Health
2Plan, the State Board of Health shall review and comment upon
3the Plan and any policy change recommendations. The first Plan
4shall be submitted to the Director State Board of Health within
5one year after hiring the Comprehensive Health Planner. The
6Plan shall be submitted to the General Assembly by the
7following March 1. The Center and State Board shall hold public
8hearings on the Plan and its updates. The Center shall permit
9the public to request the Plan to be updated more frequently to
10address emerging population and demographic trends.
11    (e) Current comprehensive health planning data and
12information about Center funding shall be available to the
13public on the Department website.
14    (f) The Department shall submit to a performance audit of
15the Center by the Auditor General in order to assess whether
16progress is being made to develop a Comprehensive Health Plan
17and whether resources are sufficient to meet the goals of the
18Center for Comprehensive Health Planning.
19(Source: P.A. 96-31, eff. 6-30-09.)
 
20    (20 ILCS 2310/2310-350)  (was 20 ILCS 2310/55.70)
21    Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian
22Cancer Research Fund. From funds appropriated from the Penny
23Severns Breast, Cervical, and Ovarian Cancer Research Fund, the
24Department shall award grants to eligible physicians,
25hospitals, laboratories, education institutions, and other

 

 

HB6082- 19 -LRB099 16138 RPS 40463 b

1organizations and persons to enable organizations and persons
2to conduct research. Disbursements from the Penny Severns
3Breast, Cervical, and Ovarian Cancer Research Fund for the
4purpose of ovarian cancer research shall be subject to
5appropriations. For the purposes of this Section, "research"
6includes, but is not limited to, expenditures to develop and
7advance the understanding, techniques, and modalities
8effective in early detection, prevention, cure, screening, and
9treatment of breast, cervical, and ovarian cancer and may
10include clinical trials.
11    Moneys received for the purposes of this Section, including
12but not limited to income tax checkoff receipts and gifts,
13grants, and awards from private foundations, nonprofit
14organizations, other governmental entities, and persons shall
15be deposited into the Penny Severns Breast, Cervical, and
16Ovarian Cancer Research Fund, which is hereby created as a
17special fund in the State treasury.
18    The Department shall create an advisory committee with
19members from, but not limited to, the Illinois Chapter of the
20American Cancer Society, Y-Me, and the Susan G. Komen
21Foundation, and the State Board of Health for the purpose of
22awarding research grants under this Section. Members of the
23advisory committee shall not be eligible for any financial
24compensation or reimbursement.
25(Source: P.A. 94-119, eff. 1-1-06.)
 

 

 

HB6082- 20 -LRB099 16138 RPS 40463 b

1    Section 20. The Counties Code is amended by changing
2Section 5-23010 as follows:
 
3    (55 ILCS 5/5-23010)  (from Ch. 34, par. 5-23010)
4    Sec. 5-23010. Organization of board; powers. Said
5directors shall, immediately after appointment, meet and
6organize, by the election of one of their number as president
7and one as secretary, and by the election of such other
8officers as they may deem necessary. They shall make and adopt
9such by-laws, rules, and regulations, for their own guidance
10and for the government of the sanitarium and the branches,
11dispensaries, and auxiliary institutions and activities
12connected therewith, as may be expedient, not inconsistent with
13this Division. They shall have the exclusive control of the
14expenditure of all moneys collected to the credit of the
15tuberculosis sanitarium fund, and of the construction of any
16sanitarium building, or other buildings necessary for its
17branches, dispensaries, or other auxiliary institutions or
18activities in connection with said institution, and of the
19supervision, care and custody of the grounds, rooms or
20buildings constructed, leased, or set apart for that purpose:
21Provided, that all moneys received for such sanitarium with the
22exception of moneys the title to which rests in the board of
23directors in accordance with Section 5-23017, shall be
24deposited in the treasury of said county to the credit of the
25tuberculosis sanitarium fund, and shall not be used for any

 

 

HB6082- 21 -LRB099 16138 RPS 40463 b

1other purpose, and shall be drawn upon by the proper officers
2of said county upon the properly authenticated vouchers of said
3board of directors. Said board of directors shall have the
4power to purchase or lease ground within the limits of such
5county, and to occupy, lease or erect an appropriate building
6or buildings for the use of said sanitarium, branches,
7dispensaries and other auxiliary institutions and activities
8connected therewith, by and with the approval of the county
9board: Provided, however, that no such building shall be
10constructed until detailed plans therefor shall have been
11submitted to and approved by the Director of Public Health to
12the secretary of the State Board of Health, and shall have been
13approved by him: And, provided, further, that no building in
14which tuberculosis patients are to be housed shall be built on
15the grounds of a county poor farm, but shall have separate and
16distinct grounds of its own. Said board of directors shall have
17the power to appoint suitable superintendents or matrons, or
18both, and all necessary assistants, and to fix their
19compensation, and shall also have the power to remove such
20appointees, and shall in general carry out the spirit and
21intent of this Division in establishing and maintaining a
22county tuberculosis sanitarium: Provided: that no sanitarium
23or branch, or dispensary, or auxiliary institution, or
24activity, under this Division, for tuberculosis patients shall
25be under the same management as a county poor farm, or
26infirmary, but shall, on the contrary, be under a management

 

 

HB6082- 22 -LRB099 16138 RPS 40463 b

1separate and distinct in every particular. One or more of said
2directors shall visit and examine said sanitarium, and all
3branches, dispensaries, auxiliary institutions, and activities
4at least twice in each month, and shall make monthly reports of
5the condition thereof to the county board.
6(Source: P.A. 86-962.)
 
7    Section 25. The Alternative Health Care Delivery Act is
8amended by changing Sections 10 and 25 as follows:
 
9    (210 ILCS 3/10)
10    Sec. 10. Definitions. In this Act, unless the context
11otherwise requires:
12    "Ambulatory surgical treatment center" or "ASTC" means any
13institution, place, or building licensed under the Ambulatory
14Surgical Treatment Center Act.
15    "Alternative health care model" means a facility or program
16authorized under Section 35 of this Act.
17    "Board" means the State Board of Health.
18    "Department" means the Illinois Department of Public
19Health.
20    "Demonstration program" means a program to license and
21study alternative health care models authorized under this Act.
22    "Director" means the Director of Public Health.
23(Source: P.A. 97-987, eff. 1-1-13.)
 

 

 

HB6082- 23 -LRB099 16138 RPS 40463 b

1    (210 ILCS 3/25)
2    Sec. 25. Department responsibilities. The Department shall
3have the responsibilities set forth in this Section.
4    (a) The Department shall adopt rules for each alternative
5health care model authorized under this Act that shall include
6but not be limited to the following:
7        (1) Further definition of the alternative health care
8    models.
9        (2) The definition and scope of the demonstration
10    program, including the implementation date and period of
11    operation, not to exceed 5 years.
12        (3) License application information required by the
13    Department.
14        (4) The care of patients in the alternative health care
15    models.
16        (5) Rights afforded to patients of the alternative
17    health care models.
18        (6) Physical plant requirements.
19        (7) License application and renewal fees, which may
20    cover the cost of administering the demonstration program.
21        (8) Information that may be necessary for the Board and
22    the Department to monitor and evaluate the alternative
23    health care model demonstration program.
24        (9) Administrative fines that may be assessed by the
25    Department for violations of this Act or the rules adopted
26    under this Act.

 

 

HB6082- 24 -LRB099 16138 RPS 40463 b

1    (b) The Department shall issue, renew, deny, suspend, or
2revoke licenses for alternative health care models.
3    (c) The Department shall perform licensure inspections of
4alternative health care models as deemed necessary by the
5Department to ensure compliance with this Act or rules.
6    (d) The Department shall deposit application fees, renewal
7fees, and fines into the Regulatory Evaluation and Basic
8Enforcement Fund.
9    (e) (Blank). The Department shall assist the Board in
10performing the Board's responsibilities under this Act.
11    (f) (Blank).
12    (g) (Blank).
13    (h) The Department shall investigate new health care
14delivery models and recommend to the Governor and the General
15Assembly, through the Department, those models that should be
16authorized as alternative health care models for which
17demonstration programs should be initiated. In its
18deliberations, the Department shall use the following
19criteria:
20        (1) The feasibility of operating the model in Illinois,
21    based on a review of the experience in other states,
22    including the impact on health professionals of other
23    health care programs or facilities.
24        (2) The potential of the model to meet an unmet need.
25        (3) The potential of the model to reduce health care
26    costs to consumers, costs to third party payors, and

 

 

HB6082- 25 -LRB099 16138 RPS 40463 b

1    aggregate costs to the public.
2        (4) The potential of the model to maintain or improve
3    the standards of health care delivery in some measurable
4    fashion.
5        (5) The potential of the model to provide increased
6    choices or access for patients.
7    In carrying out its responsibilities under this
8subsection, the Department shall seek the advice of other
9Department advisory boards or committees that may be impacted
10by the alternative health care model or the proposed model of
11health care delivery. The Department shall also seek input from
12other interested parties, which may include holding public
13hearings.
14    (i) The Department shall evaluate and make recommendations
15to the Governor and the General Assembly regarding alternative
16health care model demonstration programs established under
17this Act, at the midpoint and end of the period of operation of
18the demonstration programs. The report shall include, at a
19minimum, the following:
20        (1) Whether the alternative health care models
21    improved access to health care for their service
22    populations in the State.
23        (2) The quality of care provided by the alternative
24    health care models as may be evidenced by health outcomes,
25    surveillance reports, and administrative actions taken by
26    the Department.

 

 

HB6082- 26 -LRB099 16138 RPS 40463 b

1        (3) The cost and cost effectiveness to the public,
2    third-party payors, and government of the alternative
3    health care models, including the impact of pilot programs
4    on aggregate health care costs in the area.
5        (4) The impact of the alternative health care models on
6    the health care system in that area, including changing
7    patterns of patient demand and utilization, financial
8    viability, and feasibility of operation of service in
9    inpatient and alternative models in the area.
10        (5) The implementation by alternative health care
11    models of any special commitments made during application
12    review to the Health Facilities and Services Review Board.
13        (6) The continuation, expansion, or modification of
14    the alternative health care models.
15    In carrying out its responsibilities under this
16subsection, the Department shall seek the advice of other
17Department advisory boards or committees that may be impacted
18by the alternative health care model or the proposed model of
19health care delivery. The Department shall also seek input from
20other interested parties, which may include holding public
21hearings.
22(Source: P.A. 96-669, eff. 8-25-09.)
 
23    (210 ILCS 3/20 rep.)
24    Section 30. The Alternative Health Care Delivery Act is
25amended by repealing Section 20.
 

 

 

HB6082- 27 -LRB099 16138 RPS 40463 b

1    Section 35. The Hospital Report Card Act is amended by
2changing Section 25 as follows:
 
3    (210 ILCS 86/25)
4    Sec. 25. Hospital reports.
5    (a) Individual hospitals shall prepare a quarterly report
6including all of the following:
7        (1) Nursing hours per patient day, average daily
8    census, and average daily hours worked for each clinical
9    service area.
10        (2) Infection-related measures for the facility for
11    the specific clinical procedures and devices determined by
12    the Department by rule under 2 or more of the following
13    categories:
14            (A) Surgical procedure outcome measures.
15            (B) Surgical procedure infection control process
16        measures.
17            (C) Outcome or process measures related to
18        ventilator-associated pneumonia.
19            (D) Central vascular catheter-related bloodstream
20        infection rates in designated critical care units.
21        (3) Information required under paragraph (4) of
22    Section 2310-312 of the Department of Public Health Powers
23    and Duties Law of the Civil Administrative Code of
24    Illinois.

 

 

HB6082- 28 -LRB099 16138 RPS 40463 b

1        (4) Additional infection measures mandated by the
2    Centers for Medicare and Medicaid Services that are
3    reported by hospitals to the Centers for Disease Control
4    and Prevention's National Healthcare Safety Network
5    surveillance system, or its successor, and deemed relevant
6    to patient safety by the Department.
7    The infection-related measures developed by the Department
8shall be based upon measures and methods developed by the
9Centers for Disease Control and Prevention, the Centers for
10Medicare and Medicaid Services, the Agency for Healthcare
11Research and Quality, the Joint Commission on Accreditation of
12Healthcare Organizations, or the National Quality Forum. The
13Department may align the infection-related measures with the
14measures and methods developed by the Centers for Disease
15Control and Prevention, the Centers for Medicare and Medicaid
16Services, the Agency for Healthcare Research and Quality, the
17Joint Commission on Accreditation of Healthcare Organizations,
18and the National Quality Forum by adding reporting measures
19based on national health care strategies and measures deemed
20scientifically reliable and valid for public reporting. The
21Department shall receive approval from the Hospital Report Card
22and Consumer Guide to Health Care Advisory Committee State
23Board of Health to retire measures deemed no longer
24scientifically valid or valuable for informing quality
25improvement or infection prevention efforts. The Department
26shall notify the Chairs and Minority Spokespersons of the House

 

 

HB6082- 29 -LRB099 16138 RPS 40463 b

1Human Services Committee and the Senate Public Health Committee
2of its intent to have the Hospital Report Card and Consumer
3Guide to Health Care Advisory Committee State Board of Health
4take action to retire measures no later than 7 business days
5before the meeting of the Hospital Report Card and Consumer
6Guide to Health Care Advisory Committee State Board of Health.
7    The Department shall include interpretive guidelines for
8infection-related indicators and, when available, shall
9include relevant benchmark information published by national
10organizations.
11    (b) Individual hospitals shall prepare annual reports
12including vacancy and turnover rates for licensed nurses per
13clinical service area.
14    (c) None of the information the Department discloses to the
15public may be made available in any form or fashion unless the
16information has been reviewed, adjusted, and validated
17according to the following process:
18        (1) The Department shall organize an advisory
19    committee, including representatives from the Department,
20    public and private hospitals, direct care nursing staff,
21    physicians, academic researchers, consumers, health
22    insurance companies, organized labor, and organizations
23    representing hospitals and physicians. The advisory
24    committee must be meaningfully involved in the development
25    of all aspects of the Department's methodology for
26    collecting, analyzing, and disclosing the information

 

 

HB6082- 30 -LRB099 16138 RPS 40463 b

1    collected under this Act, including collection methods,
2    formatting, and methods and means for release and
3    dissemination.
4        (2) The entire methodology for collecting and
5    analyzing the data shall be disclosed to all relevant
6    organizations and to all hospitals that are the subject of
7    any information to be made available to the public before
8    any public disclosure of such information.
9        (3) Data collection and analytical methodologies shall
10    be used that meet accepted standards of validity and
11    reliability before any information is made available to the
12    public.
13        (4) The limitations of the data sources and analytic
14    methodologies used to develop comparative hospital
15    information shall be clearly identified and acknowledged,
16    including but not limited to the appropriate and
17    inappropriate uses of the data.
18        (5) To the greatest extent possible, comparative
19    hospital information initiatives shall use standard-based
20    norms derived from widely accepted provider-developed
21    practice guidelines.
22        (6) Comparative hospital information and other
23    information that the Department has compiled regarding
24    hospitals shall be shared with the hospitals under review
25    prior to public dissemination of such information and these
26    hospitals have 30 days to make corrections and to add

 

 

HB6082- 31 -LRB099 16138 RPS 40463 b

1    helpful explanatory comments about the information before
2    the publication.
3        (7) Comparisons among hospitals shall adjust for
4    patient case mix and other relevant risk factors and
5    control for provider peer groups, when appropriate.
6        (8) Effective safeguards to protect against the
7    unauthorized use or disclosure of hospital information
8    shall be developed and implemented.
9        (9) Effective safeguards to protect against the
10    dissemination of inconsistent, incomplete, invalid,
11    inaccurate, or subjective hospital data shall be developed
12    and implemented.
13        (10) The quality and accuracy of hospital information
14    reported under this Act and its data collection, analysis,
15    and dissemination methodologies shall be evaluated
16    regularly.
17        (11) Only the most basic identifying information from
18    mandatory reports shall be used, and information
19    identifying a patient, employee, or licensed professional
20    shall not be released. None of the information the
21    Department discloses to the public under this Act may be
22    used to establish a standard of care in a private civil
23    action.
24    (d) Quarterly reports shall be submitted, in a format set
25forth in rules adopted by the Department, to the Department by
26April 30, July 31, October 31, and January 31 each year for the

 

 

HB6082- 32 -LRB099 16138 RPS 40463 b

1previous quarter. Data in quarterly reports must cover a period
2ending not earlier than one month prior to submission of the
3report. Annual reports shall be submitted by December 31 in a
4format set forth in rules adopted by the Department to the
5Department. All reports shall be made available to the public
6on-site and through the Department.
7    (e) If the hospital is a division or subsidiary of another
8entity that owns or operates other hospitals or related
9organizations, the annual public disclosure report shall be for
10the specific division or subsidiary and not for the other
11entity.
12    (f) The Department shall disclose information under this
13Section in accordance with provisions for inspection and
14copying of public records required by the Freedom of
15Information Act provided that such information satisfies the
16provisions of subsection (c) of this Section.
17    (g) Notwithstanding any other provision of law, under no
18circumstances shall the Department disclose information
19obtained from a hospital that is confidential under Part 21 of
20Article VIII of the Code of Civil Procedure.
21    (h) No hospital report or Department disclosure may contain
22information identifying a patient, employee, or licensed
23professional.
24(Source: P.A. 98-463, eff. 8-16-13; 99-326, eff. 8-10-15.)
 
25    (410 ILCS 115/10 rep.)

 

 

HB6082- 33 -LRB099 16138 RPS 40463 b

1    Section 40. The Obesity Prevention Initiative Act is
2amended by repealing Section 10.
 
3    Section 45. The Communicable Disease Prevention Act is
4amended by changing Section 2 as follows:
 
5    (410 ILCS 315/2)  (from Ch. 111 1/2, par. 22.12)
6    Sec. 2. The Department of Public Health shall promulgate
7rules and regulations requiring immunization of children
8against preventable communicable diseases designated by the
9Director. After the Immunization Advisory Committee has made
10its recommendations, but before Before any regulation or
11amendment thereto is prescribed, the Department shall conduct a
12public hearing regarding such regulation. In addition, before
13any regulation or any amendment to a regulation is adopted, and
14after the Immunization Advisory Committee has made its
15recommendations, the State Board of Health shall conduct 3
16public hearings, geographically distributed throughout the
17State, regarding the regulation or amendment to the regulation.
18At the conclusion of the hearings, the State Board of Health
19shall issue a report, including its recommendations, to the
20Director. The Director shall take into consideration any
21comments or recommendations made by the Board based on these
22hearings. The Department may prescribe additional rules and
23regulations for immunization of other diseases as vaccines are
24developed.

 

 

HB6082- 34 -LRB099 16138 RPS 40463 b

1    The provisions of this Act shall not apply if:
2    1. The parent or guardian of the child objects thereto on
3the grounds that the administration of immunizing agents
4conflicts with his religious tenets or practices or,
5    2. A physician employed by the parent or guardian to
6provide care and treatment to the child states that the
7physical condition of the child is such that the administration
8of one or more of the required immunizing agents would be
9detrimental to the health of the child.
10(Source: P.A. 90-607, eff. 6-30-98.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.

 

 

HB6082- 35 -LRB099 16138 RPS 40463 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 5/5-565was 20 ILCS 5/6.06
4    20 ILCS 2305/8.2
5    20 ILCS 2310/2310-217
6    20 ILCS 2310/2310-350was 20 ILCS 2310/55.70
7    55 ILCS 5/5-23010from Ch. 34, par. 5-23010
8    210 ILCS 3/10
9    210 ILCS 3/25
10    210 ILCS 3/20 rep.
11    210 ILCS 86/25
12    410 ILCS 115/10 rep.
13    410 ILCS 315/2from Ch. 111 1/2, par. 22.12